Ministry of Agriculture
The "Measures for the Administration of the Safety of Agricultural Product Origins" was reviewed and passed at the 25th executive meeting of the Ministry of Agriculture on September 30, 2006 and is hereby promulgated. It will come into effect on November 1, 2006.
Minister Du Qinglin October 17, 2006
Measures for the Safety Management of Producing Areas
Chapter I General Provisions Article 1 These Measures are formulated in accordance with the "Law of the People's Republic of China on the Quality and Safety of Agricultural Products" in order to strengthen the management of agricultural production areas, improve the conditions of production areas, and guarantee the safety of production areas.
Article 2 The origin of agricultural products mentioned in the present Measures refers to the relevant areas for the production of plants, animals, microorganisms and their products.
The term "safety of agricultural product origin" as mentioned in these Measures means that the soil, water body and atmospheric environmental quality of the agricultural product production site meet the requirements for production quality and safety of agricultural products.
Article 3 The Ministry of Agriculture is responsible for the supervision and administration of the safety of the country's agricultural production areas.
The agricultural administrative department of the local people's government at or above the county level shall be responsible for the division, supervision, and management of the agricultural production areas within its administrative area.
Chapter II Monitoring and Evaluation of Production Areas Article 4 The administrative department of agriculture of the people's government at or above the county level shall establish and improve the safety monitoring and management system for the origin of agricultural products, strengthen the investigation, monitoring and evaluation of the safety of the origin of agricultural products, and compile an annual report on the safety status and development trend of the production areas of agricultural products. , and reported to the higher level agricultural administrative department for the record.
Article 5 The administrative department of agriculture of the people's government at or above the provincial level shall set up monitoring sites at the national and provincial levels in the following areas to monitor the dynamic changes in the safety of agricultural production areas and guide the safety management and protection of agricultural production areas.
(1) agricultural product production areas surrounding industrial and mining enterprises;
(b) Sewage irrigation areas;
(3) Agricultural production areas in suburban and large cities;
(4) Production areas for important agricultural products;
(e) Other areas that need to be monitored.
Article 6 The investigation, monitoring and evaluation of the safety of agricultural production areas shall implement the relevant national standards and other technical specifications.
The establishment, change, and revocation of monitoring sites should be demonstrated by experts.
Article 7 The administrative department of agriculture of the people's government at or above the county level shall strengthen the work of statistical information on the safety of agricultural production areas, and improve the safety monitoring files of agricultural production areas.
The monitoring file shall accurately record the changes in the security of the place of production and keep it for a long time.
Chapter III Delineation and Adjustment of Prohibited Production Areas Article 8 Where toxic and hazardous substances in agricultural production areas do not meet the safety standards for producing areas, and the toxic and hazardous substances in agricultural products do not meet the quality and safety standards for agricultural products, they shall be designated as production prohibited areas for agricultural products.
Areas that prohibit the production of edible agricultural products can produce non-edible agricultural products.
Article 9 In accordance with the circumstances stipulated in Article 8 of these Measures, the agricultural administrative department of the local people's government at or above the county level shall propose the proposal for delimiting the production area, and report it to the provincial-level agricultural administrative department. The provincial agricultural administrative department shall organize expert demonstrations, and attach the following materials to the people's government at the same level for approval.
(1) Results of safety monitoring of production areas and results of agricultural product testing;
(2) Production safety monitoring and evaluation reports, including the analysis of causes of pollution in production areas, the analysis of the correlation between production areas and pollution of agricultural products, evaluation methods and conclusions, etc.;
(3) Experts' verification report;
(D) Agricultural production structure adjustment and related treatment measures.
Article 10 After the production area is prohibited from being designated, the nature of the cultivated land and basic farmland must not be changed, and the compensation standard for land acquisition for agricultural land must not be reduced.
Article 11 The administrative department of agriculture of the people's government at the county level shall set up a signboard in the prohibited production area, setting out the location of the prohibited production area, the scope of the four areas, the area, the types of agricultural products that are prohibited from production, the types of major pollutants, the units approved, and the date of licensing. Wait.
No unit or individual may arbitrarily move or damage the signboard.
Article 12 Where the safety status of a production area is forbidden to improve and meet relevant standards, the competent agricultural administrative department of the local people's government at or above the county level shall promptly propose adjustments.
The prohibition of the adjustment of production areas shall be implemented in accordance with the provisions of Article 9 of these Measures. If it is forbidden to adjust the production area, it shall change the contents of the nameplate or remove the nameplate.
Article 13 The administrative department of agriculture of the local people's government at or above the county level shall promptly report the results of the delimitation and adjustment of the prohibited production areas of agricultural products within its administrative area to the Ministry of Agriculture for the record.
Chapter IV Protection of Production Areas Article 14 The agricultural administrative department of the people's government at or above the county level shall promote clean production techniques and methods and develop ecological agriculture.
Article 15 The administrative department of agriculture of the local people's government at or above the county level shall formulate plans for the prevention and protection of the pollution of places of origin of agricultural products and incorporate it into local agricultural and rural economic development plans.
Article 16 The agricultural administrative department of the people's government at or above the county level shall adopt biological, chemical, and engineering measures to repair and rectify the agricultural production prohibited areas and other agricultural product production areas whose toxic and hazardous substances do not meet the safety standards for production areas.
Article 17 The administrative department of agriculture of the people's government at or above the county level shall take measures to strengthen scientific research, technology promotion, and propaganda and training for the restoration and control of pollution at the place of production.
Article 18 The environmental impact assessment documents of agricultural construction projects shall be submitted to the relevant departments for examination and approval after being reviewed by the agricultural administrative department of the people's government at or above the county level according to law.
Where an established enterprise or project contaminates the origin of agricultural products, the competent agricultural administrative department of the local people's government shall report to the people's government at the corresponding level to take measures to reduce or eliminate the pollution hazards.
Article 19 No unit or individual may manufacture, fish, collect forbidden edible agricultural products and establish agricultural product production bases in the prohibited production areas.
Article 20 It is forbidden for any unit or individual to discharge or dump waste gas, waste water, solid waste or other toxic and hazardous substances to the place of origin of agricultural products.
It is forbidden to stack, store, and dispose of industrial solid wastes at the place of origin of agricultural products. Where piling up, storing, and disposing of industrial solid waste around the place of origin of agricultural products, effective measures shall be taken to prevent the safety of the place of origin of agricultural products.
Article 21 Any unit or individual providing or using agricultural water and solid wastes such as urban wastes and sludge used as fertilizers shall undergo harmless treatment and comply with relevant national standards.
Article 22 Producers of agricultural products shall rationally use agricultural inputs such as fertilizers, pesticides, veterinary drugs, feed and feed additives, and agricultural films. It is forbidden to use state-prohibited, obsolete or unauthorized agricultural inputs.
Producers of agricultural products should remove and recycle agricultural films and agricultural input products in a timely manner to prevent contamination of the environment in which agricultural products are produced.
Chapter V Supervision and Inspection Article 23 The administrative department of agriculture of the people's government at or above the county level shall be responsible for the supervision and inspection of the safety of the place of origin of agricultural products.
When performing the duties of supervision and inspection, the agricultural administrative law enforcement personnel shall present the administrative law enforcement certificate to the inspected unit or individual. The relevant unit or individual shall truthfully provide relevant information and information and must not refuse inspection or provide false information.
Article 24 When the agricultural administrative department of the people's government at or above the county level finds that the agricultural product production site is threatened with pollution, it shall order the unit or individual that caused the damage to take measures to reduce or eliminate the threat of pollution. If the relevant unit or individual refuses to take measures, it shall report it to the people's government at the same level.
When a pollution accident occurs in the place of production of agricultural products, the administrative department of agriculture of the people's government at or above the county level shall investigate and handle it according to law.
When an agricultural environmental pollution emergency occurs, it shall be dealt with in accordance with the emergency environmental pollution emergency plan.
Article 25 The funds for safety monitoring and supervision and inspection at the place of production shall be included in the annual budget of the agricultural administrative department of the people's government at the corresponding level. No risk shall be charged to the unit or individual being inspected for carrying out safety monitoring, supervision and inspection at the place of production.
Article 26 The prohibited production areas demarcated according to the demarcation standards and procedures prescribed in the "Law of the People's Republic of China on Quality and Safety of Agricultural Products" and these Measures are invalid.
In case of violating the provisions of these Measures and unauthorized move or damage of the ban on production areas, the agricultural administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, and may impose a fine of not more than 1,000 yuan.
Others who violate the provisions of these Measures shall be punished according to relevant laws and regulations.
Chapter VI Supplementary Provisions Article 27 The present Measures shall come into force on November 1, 2006.
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